Rival appeals Ticketmaster/Live Nation

“CTS Eventim, opponent of the proposed merger between ticketing agent Ticketmaster and music promoter Live Nation, has appealed against the UK’s approval of the deal at the country’s Competition Appeals Tribunal.”

“Germany-based CTS filed the appeal last week, saying it wasn’t given the opportunity to ‘respond intelligently’ to the UK Competition Commission’s decision to give the merger the green light.”

‘“Tom McQuail at Howrey LLP in London says: “Eventim’s claim that it was denied a fair hearing is pretty standard in terms of ground for appeal. However, Eventim’s claim that the commission failed to take into account the risk and consequences of Live Nation breaching its agreement with Eventim is potentially interesting, as it’s a legally binding agreement under which Live Nation has promised to cooperate with Eventim, and this may call into question the discretion the commission has in deciding what factors should be looked when conducting its analysis.’”

“McQuail says the appeal may be part of a broader strategic attempt to keep the matter in play. ‘Although the UK decision has no formal weight in jurisdictions like the US where the deal is yet to be cleared, it could still be quite beneficial for Eventim if it can call the UK approval into question.’”